My sister-in-law had a car accident yesterday. It wasn't her fault. The guy who was fault
Wanted to pay all of the costs for her car repairs. He didn't want to call his insurance. He wants to pay by himself. What does she need to do?

Hopefully police report was done... but if not, she'll need to get estimates and present him with bills. If he doesn't pay, then you'll need to have her file with her insurance and they will go after him. Hopefully no medical or long term issues come from it.

My sister-in-law had a car accident yesterday. it wasn't her fault. The guy who was fault
wanted to pay all of the costs for her car repairs. He didn't want to call his insurance. He wants to pay by himself. What does she need to do?


I think this is a dangerous thing to do - she decides not to file and then he refuses to pay and there are BIG problems. It's amazing how many people take total responsibility at the scene, talk to their friends and relatives and decide it's the other driver's fault after all and why should they pay - ? Same with red lights - at the accident scene it's all one party's fault, he/she ran the red light. The next day maybe the light was amber or maybe green or just changing red. Meanwhile the accident was not timely reported to the insurance company.

If there is minimal damage, no injuries, then it's a coin toss; if there are extensive repairs needed and injuries or the possibility of injuries, report it!

Let the insurance company investigate, determine fault, put the matter to rest with the least amount of fuss and muss.

I never, ever recommend this private pay course of action. Too many of these arrangements just turn into a nightmare.

As noted, if she was to see if he would pay, she needs the estimates Monday and be at his house Monday evening for a check, If she does not get it, be at her insurance office on Tuesday.

Also did she get his insurance info? If not, maybe very likely he does not even have insurance.

And as noted, I hope she called the police and got a police report, without that it is much harder to prove fault in court if he decides to lie.

Many police agencies won't invesrtigate or do a report for minor accidents. Chuck has a good approach but I suggest that she have someone accompany her to get a cashier's check, money order, or cash payment. He should sign a statement that he admits fault and has no injuries and no outstanding claims. I would have it prepared and ready for him to sign.
But remember, this is all for his convenience, and prob to protect him from higher rates or cancellation. He could even have a suspended or revoked license. We don't know if police investigated. If they did and he was clearly at fault he should have received a citation?
Going through your insurance company will give you the best protection because they are minimizing their cost at the same time they are representing you. I am not a lawyer.

If you read the small print then you'll find that your insurance company will tell you that you have to report all accidents, even if it is not your fault or (which doesn't apply in this case) if no claim is made for damages. Usually people have something to hide or are offering for their own benefit.

It's a lot harder if you settle privately e.g. he could say that you're getting things fixed that were not the fault of the accident and so not pay for the costs afterwards. When all this is happening, you're only delaying contacting your insurance company.

Where there any witnesses or police called out?

It may be best to ask if he even has insurance first. I myself would rather play it by the book and let the insurance companies deal with it. That's what your annual premium goes towards. They should even be able to gather his details on your behalf, that way he can answer to them.

Insurance companies have more experience and authority in situations like these, that's why I leave it to the professionals.

Hope that helps.